Courts should not hasten to interdict the investigation when the investigation is at initial stage:HC
JKUT (Jammu), August-10-2021-( JNF):- In a petition filed by one Gourav Sharma who was booked by the police for disobeying the lock down restriction seeking quashment of FIR, Justice Rajnesh Oswal of High Court of Jammu-Kashmir and Ladakh after hearing Sr. Adv Pranav Kohli for the petitioner whereas AAG Aseem Sawhney for the UT, dismissed the petition with the observations that . So far as instant case is concerned, it is not the case of the petitioner that the police has filed a complaint before the Magistrate as the matter is still under investigation. Section 195 Cr.P.C. clearly bars taking of the cognizance by the Magistrate but does not bar the investigation by the police officer.
Justice Rajneesh Oswal further observed that bar as prescribed by section 195 Cr.P.C is only with regard to taking of cognizance and it does not restrict the statutory power of Police to register FIR and investigate the same. The public servant whose order is violated or his superior officer may file a complaint on the basis of FIR and material collected during the course of investigation by the Police in the event Investigating Officer approaches the said officer for filing complaint. In the aforesaid judgments relied upon by Adv Kohli, the said issue has not been considered, as such, the same are not applicable in the instant case, so this Court is of the considered opinion that bar contained under section 195(1)(a) Cr.P.C. for taking cognizance of offence complained of, does not affect the power of the court to register FIR.
Justice Rajnesh oswal while dismissing the petition seeking quashment of FIR observed that the investigation is still at initial stage and that was stayed by the court and investigation is yet to be completed. It is settled law that when the investigation is still at the initial stage, the courts should not hasten to interdict the investigation. JNF